D..... and C were by me united in marriage, as authorized by a marriage license issued by the marriage license clerk of... ..Count, state of. numbered Signed, ... Minister of the Gospel, Justice of the Place of Ceremony. The license so issued shall authorize the marriage ceremony to be performed in any county of this state; provided that the triplicate certificate above mentioned shall in all cases be returned to the marriage license clerk of the county in which the marriage license was issued, to be by him recorded, as hereinafter prescribed. SEC. 12. Marriage Certificate.-The marriage certificates marked "original" and " duplicate" shall be given by the person or persons solemnizing or witnessing the marriage to the persons married; and the certificate marked "triplicate” shall be returned by the person solemnizing the marriage, duly signed; or in the case of a marriage ceremony performed without an officiating minister or other person authorized by law, then by the parties to the marriage contract or either of them, to the marriage license clerk who issued the license, within thirty days after the date of said marriage. SEC. 13. Record of Certificate. The said clerk upon receiving such triplicate certificate shall immediately enter the same on the docket where the marriage license of said parties is recorded. SEC. 14. Penalty for Solemnizing Marriages Without a License. If any minister, justice of the peace, or any other officer or person shall solemnize a marriage ceremony, or if any person shall be an attesting witness to the same, within this state, unless the contracting parties shall first have obtained a proper license, as herein before prescribed, he or they so officiating or attesting shall forfeit and pay the sum of one hundred dollars to and for the use of the county in which said marriage was solemnized. SEC. 15. Penalty for Refusal to Return or Record the Certificate of Marriage.-Every minister, justice of the peace, or other person solemnizing a marriage, or person marrying without the intermediation of any person, who shall neglect or refuse to transmit said triplicate certificate to said clerk within the time prescribed by this act, shall forfeit and pay the sum of fifty dollars; and any clerk who shall neglect or refuse to record the same, as hereinbefore prescribed, shall also forfeit and pay the sum of fifty dollars. Such fines and penalties shall be for the use of the county in which the marriage license was granted. SEC. 16. Penalty for Neglect of Duties Prescribed by Sections....and....of this Act.—Any marriage license clerk who shall refuse or neglect to enter upon the marriage license docket a complete record of each marriage license issued from his office, upon or immediately after issuing the same, or shall fail to keep such marriage license docket open for inspection or examination by the public, or shall prohibit or prevent any person from making a copy or abstract of the entries in the marriage license docket for the purpose of publishing the same in any newspaper or other publication, shall forfeit and pay the sum of fifty dollars for the use of the county in which the marriage license was granted. SEC. 17. Recovery of Fines and Forfeitures.-Any fine or forfeiture accruing to any county under the provisions of this act may be recovered by an action of debt in the name of said county, in the same manner as other debts are recovered by law, with the usual costs, in any court of record in any county of this state in which the defendant or defendants may be found. SEC. 18. Certified Copy of Record to be Prima Facie Evidence of Marriage.-A certified copy of the record of said marriage license, certified under the hand of said clerk and the seal of said court, shall be received in all courts of this state as prima facie evidence of said marriage between the parties therein named. SEC. 19. Prohibition of Common Law Marriages.-All marriages contracted in any other manner than according to the requirements of this act shall be absolutely void and the issue thereof illegitimate, and the parties contracting such marriage shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than ..hundred dollars, nor more than..... ..hundred dollars: Provided, That the parties to any such void marriage may at any time before conviction, or before the death of either party thereto, validate such marriage by complying with the requirements of this act, and the issue thereof shall thereupon become legitimate, as provided by Section 22 of this act. ARTICLE III. VOID AND VOIDABLE MARRIAGES. SEC. 20. A marriage void ab initio is: a. A marriage entered into by any person having a wife or husband known to be living; and such person shall be punishable by fine and imprisonment, as provided by existing laws. b. A marriage contracted with a particeps criminis in adultery during the lifetime of the injured husband or wife. c. A marriage of an infant, under the age of fourteen, if a male, and under the age of twelve, if a female. d. A marriage with an idiot. e. A marriage contracted in any other manner than according to the requirements of this act. SEC. 21. A voidable marriage is: a. A marriage within the forbidden degrees of consanguinity or affinity, viz., the fourth degree, according to the civil law. b. A marriage when either of the parties is naturally and incurably impotent or incapable of copulation, when such impotency or incapacity was unknown to the other party at the time of the marriage, and continues to be incurable. c. A marriage procured by fraud, force or coercion, unless subsequently confirmed by the acts of the injured party. d. A marriage with an insane person, when the insanity was unknown to the other party at the time of the marriage. ARTICLE IV. CHILDREN. SEC. 22. Legitimation of Children.-In any and every case where the father and mother of an illegitimate child or children shall enter into the bonds of lawful wedlock, in the manner prescribed by this act, such child or children shall thereby become legitimated, and enjoy all the rights and privileges of legitimacy as if they had been born during the wedlock of their parents; and this act shall be taken to apply to all cases prior to its date, as well as those subsequent thereto; and in all cases when prior to the passage of this act parties had married within the degrees of consanguinity or affinity forbidden by this act, any children born. of such marriage shall be, and the same are hereby declared legitimate, anything in this act contained to the contrary notwithstanding: Provided, That no estate already vested shall be divested by this act. ARTICLE V. FOREIGN MARRIAGES. SEC. 23. When Valid.-All marriages valid where celebrated, shall be valid in this state, except where contracted in another state by residents of this state for the express purpose of evading the laws of this state. SEC. 24. When Void.-A marriage void where celebrated shall be void in this state. SEC. 25. Proof of Foreign Law.-Evidence of the statutes and laws of the place of celebration of a marriage shall be admissible to prove the validity or invalidity of such foreign marriage; and such marriage may be proved by the testimony of both the parties thereto without production of the marriage certificate or certified copy of the record thereof. SEC. 26. Return to State Board of Health. The marriage license clerk of each county shall, on or before the first day of. February in each year, make report to the Secretary of the State Board of Health, upon suitable blank forms to be provided by the state, of an abridged statement of all marriage licenses issued by him during the preceding calendar year, showing in substance all the facts required to be ascertained by him upon the issuing of each license; and upon neglect or refusal so to do, such marriage license clerk shall forfeit and pay the sum of one hundred dollars, for the use of the proper county. SEC. 27. Fees of Marriage License Clerk.-Each marriage license clerk shall be entitled to receive the following fees. (NOTE. Each state to fix its own fees.) |